David R. Weinstein

David R. Weinstein

(747) 233-3653 office
(747) 233-3601 fax
dweinstein@weinsteinlawfirm.net

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For almost 40 years, David Weinstein has practiced law in the areas of bankruptcy, insolvency and creditor-debtor relationships.  He has been a partner and an associate in small, medium and large law firms, helping individuals and companies, large and small.  Today, Mr. Weinstein blends all those experiences with the personalized service he can give directly to clients in a one-to-one setting.

Bar Activities and Professional Community

American Bar Association (“ABA”) David R. Weinstein has been a member of the Business Bankruptcy Committee (Business Law Section) continuously since 1986. He has chaired, co-chaired and actively engaged with numerous substantive subcommittees including the Chapter 11, Trustees and Examiners, Appeals and Small Business subcommittees. He is the former chair of the Bankruptcy Litigation Committee (Section of Litigation) and the Task Force on Affiliated Entities and a former member of the Judicial Conference.

Mr. Weinstein is a regular participant and speaker at national and regional conferences on all aspects of bankruptcy law and practice, ranging from ethics to appeals. He has authored numerous articles and papers. Mr. Weinstein was also appointed by the Business Bankruptcy Committee as a special bankruptcy consultant to the Uniform Laws Commission to assist with bankruptcy issues arising in drafting a uniform Series LLC statute.

American Bankruptcy Institute (“ABI”) Mr. Weinstein has been an active member continuously for over three decades. He is the author of numerous articles published in the American Bankruptcy Journal.

County Bar and Local Associations Mr. Weinstein is a regular member, participant, author and occasional speaker at the Los Angeles County Bar, Los Angeles Bankruptcy Forum/California Bankruptcy Forum, Bench & Bar conferences and similar local forums.

Education and Bar Admissions

  • Admitted to California bar 1978.
  • Admitted to Ninth Circuit, Federal Circuit, all district courts in California, U.S. Supreme Court. Mr. Weinstein has appeared before numerous other bankruptcy, district and appellate courts on a “spot” or case-specific basis.
  • Juris Doctor: University of Southern California (1978).
  • Bachelor of Science (Business Management): Syracuse University (1974, magna cum laude).

Clients Served

  • SECURED CREDITORS in cases involving negotiations over the best and fair use of contaminated land on San Francisco Bay; negotiations over the future of multiple apartment buildings in northern California; negotiations over debts owed by a house of worship in a Los Angeles suburb; and negotiations over the future of a hospital near downtown Los Angeles.
  • BIDDERS AND PURCHASERS OF ASSETS in the Love Culture, Louise’s Restaurants, Egghead Software and Pleasant Care Nursing Home chapter 11 cases, negotiating to find common ground for the acquisition of real estate, contract rights, lawsuit rights and intellectual property. Also advised on the purchase of a medical building near Los Angeles and intangible assets from Chapter 7 trustees.
  • VOLUNTARY DEBTORS looking to formulate negotiated solutions to burdensome debts, including individuals with business and real estate assets, medical professionals, entertainment industry personalities, the owner of valuable Malibu development property, real estate syndication companies, Clothestime Stores, Inc. and, California Psychiatric Management Services.
  • INVOLUNTARY DEBTORS in the R2D2 and Thinkfilm group of cases and the C&C Jewelry Mfg. cases.
  • LANDLORDS involved in chapter 11 cases of retailers, office tenants and fitness centers looking to negotiate over  past debts and future uses of the space.
  • BANKRUPTCY TRUSTEES presiding over the estates of tech companies, restaurants, airlines, automobile dealerships, loan companies, a munitions manufacturer, a hazardous waste disposal company and mining interests, and individuals in business.
  • CREDITORS’ COMMITTEES in successive cases of the Steakhouse Partners chain of steak and chop houses, BMK, Inc., a national merchandiser of consumer goods, Scour, Inc., an early stage internet leader in peer-to-peer communications, Urjet Backbone Network, the owner of network installations for the provision of telecommunications to users in the west; Fastpoint Communications, Inc., an early stage DSL provider; and Energy Development Corp., a private oil and gas production company.
  • PERSONS AFFECTED BY BANKRUPTCY CASES AND INSOLVENCY CIRCUMSTANCES, including principals and owners of debtors; spouses of debtors; guarantors of debtors’ obligations; creditors assisting or working in parallel with trustees; defendants sued by trustees, creditors’ committees or debtors in the bankruptcy court; indenture trustees; labor unions; and a variety of high-income, high visibility individuals such as medical doctors, real estate syndicators, art publishers and entertainers reorganizing their business affairs in Chapter 11 or who find themselves entangled in others’ cases.  Mr. Weinstein is frequently asked to represent other lawyers’ own interests in bankruptcy cases.

    Call David Weinstein (747) 233-3653

Select Representations

  • Love Culture. Represented buyer group headed by former executive of Love Culture that purchased over 50 retail outlets, inventory and e-business from Chapter 11 debtor.
  • Gourmet Green Room. Represented principal owner of licensed marijuana dispensary in state court receivership proceedings of dispensary.
  • Garoian.Represented adjoining landowner in assisting with trustee’s recovery of fraudulently conveyed real estate and subsequent purchase from trustee.
  • Little Saigon News.Represented guarantor of debts of Vietnamese language newspaper in newspaper company’s bankruptcy case and disputes with plaintiff in disparagement litigation, including appeals.
  • Marshall.Represented largest creditor and asset purchaser in Chapter 7 case of entertainment industry individual; defended multiple appeals of rulings in client’s favor and worked hand-in-hand with state court litigation counsel in challenging discharge of client’s claims against debtor. Obtained relief from stay to allow client’s state court litigation to proceed.
  • Squire Court Partners. Represented non-profit affiliate of owner of low-income housing project in housing project’s Chapter 11 case in Little Rock, Arkansas and related appeals.  Participated in complex negotiations of “Master Settlement Agreement” resolving low income housing case and debts of dozens of other non-profit, low income housing developments.
  • Even St./Majoken. Represented individual with claims against creditors of music industry publishing entities.  Analyzed and asserted client’s “second level” claims and facilitated enforcement and collection.
  • Downey Regional Medical Center.Represented secured creditor in reorganization of non-profit hospital near Los Angeles.  Addressed and resolved lien priority dispute and achieved full, upfront payout.
  • Queens Seaport Development (Queen Mary). Represented sublessee of dock space adjoining Queen Mary in Long Beach, California before Ninth Circuit and obtained emergency stay of $41,000,000 sale of leased premises that would have extinguished leasehold. Convinced Ninth Circuit Court of Appeals to rule contrary to prior opinion of Seventh Circuit.
  • Martinez & Murphey. Represented Chapter 7 trustee of designer and contractor engaged in development and outfitting of Roman Catholic churches. Negotiated completion of pending church projects in Las Vegas, Nevada and supervised auction of remaining accoutrements and religious articles attended by representatives of parishes and religious bookstores across the United States.
  • Rodeo Canon Development Corp.Represented real estate partner of debtor-developer in complex litigation concerning fraud on the court, federal subject matter jurisdiction and “property of the bankruptcy estate” issues. Case included two appeals to the Ninth Circuit Court of Appeals and five intermediate appeals involving disputes with corrupt bankruptcy trustee, client’s former partners, purchaser of assets and bonding companies for corrupt trustee.
  • Redwood Capital Bank. Represented largest creditor in Home Valley Bank liquidation. Negotiated administrative loan and became trustee’s special counsel for litigation with FDIC over $2M-plus tax refunds.
  • Pacific Coast Bancshares. Represented PCBB in connection with enforcement of rights and obligations imposed on the debtor by the plan. Successfully resisted sale free-and-clear of client’s lien and negotiated significant payoff in conventional sale.
  • Ultimate Escapes. Represented former equity holder of luxury resort company in Chapter 11. Negotiated resolution of allegedly avoidable mortgage debt and consulted on the disposition of properties bearing mortgage debt jointly owed by Chapter 11 debtor and former equity holder.
  • Asylum Visual Effects. Represented landlord of commercial premises occupied by graphics and special effects company in bankruptcy. Resolved competing rights of equipment lessors, landlord and bankruptcy estate in litigation before the bankruptcy and state courts.
  • Petaluma-Greenbriar Investments. Represented Westamerica Bank with respect to mortgage rights in garden apartment complex.  Negotiated retention of pre-petition receiver over apartment buildings during Chapter 11 proceedings and addressed revival of foreclosure rights, abstention, and dismissal of Chapter 11 cases in view of property value erosion.
  • EFG-Campus Bay. Represented lender to affiliate of Astra-Zeneca, the owner of contaminated shore-front property on San Francisco Bay. Successfully resisted use of cash collateral and gained litigated dismissal of borrower’s Chapter 11 case.
  • Giant Investment. Obtained relief from stay enabling foreclosure proceedings to continue against Chapter 7 debtor.
  • Donut Inn. Represented committee of franchisees in Chapter 11 case of snack and coffee shop chain.
  • Hayashi Asset Management; Hayashi Syndication Holdings. Represented managing members of real estate investment companies in Chapter 11. Confirmed plan that protected net realizable value in apartment buildings from individual creditor seizure and facilitated property sales in distressed market, triggering dividends to creditors and investors.
  • SS Blue SkydbaHuman Bean.Represented guarantor of two development loans to franchisee of drive-through coffee shop chain near Denver, Colorado in franchisee’s Chapter 11 case. Successfully negotiated consensual plan of reorganization that provided 100% creditor payments and enabled client to take ownership of chain upon confirmation of Chapter 11 plan.
  • Pleasant Care Nursing Homes. Represented co-chair of creditors’ committee and purchaser of nursing home assets in connection with recovery of promised compensation for having relieved bankruptcy estate of troubled care homes and in defense of claims wrongfully asserted against purchaser.
  • C&C Jewelry Manufacturing.Defended and defeated involuntary petition against profitable jewelry manufacturer and distributor, including defense of appeal by involuntary petitioners and dispute over recoupment of attorneys’ fees and costs. Obtained appellate reversal in related case where involuntary petition was improvidently allowed.
  • SonicBlue. Represented indenture trustee, gaining recovery exceeding $1,000,000 for bondholders previously said to be “out of the money” for years, through deployment of creative litigation and settlement strategies.
  • Daewoo Motors.Represented largest creditor and chair of creditors’ committee in connection with Chapter 11 case of U.S. distributor of Korean automobiles and in defense of $25,000,000 preference claims.
  • Steakhouse Partners.Represented creditors’ committee of steakhouse chain and later represented creditors’ agent who became major secured creditor in second Chapter 11 filing by restaurant chain. Facilitated restaurant sales, settled “surcharge” litigation over proceeds and enabled client to recover significant distributions out of second Chapter 11 proceeding for payment to creditors of first case.
  • Rancho Topanga Development Land Co. Represented Chapter 11 debtor owning 47 acres of land in Malibu, California planned for luxury residential development. Negotiated complex settlement with up-land dominant tenement owner and adjoining landowners for resolution of disputed obligation to construct access road and with land purchaser relative to sale agreement left unresolved for five years.
  • Alpine Investments LLC and RFB Cellular, Inc. Represented liquidating trustee in fraudulent transfer action.  Negotiated settlement of disputed $15,000,000 claims for $4,000,000.
  • R2D2, ThinkFilm and Related Entities. Represented alleged debtors in the film finance and distribution industry in defense of involuntary petitions. Developed strategies for cooperative interaction with trustee while working to preserve going concern value against disputed involuntary bankruptcy petitions.
  • AFI Holdings, et al. Represented liquidation trustee in complex “Ponzi Scheme” clawback litigation, including multiple, overlapping appeals to Bankruptcy Appellate Panel, United States District Court and Ninth Circuit Court of Appeals.
  • BMK, Inc. Represented creditors’ committee of national merchandiser of “general store goods”.
  • Bane. Represented individual art publisher in asserting fresh start rights against pre-petition judgment arising out of failed art marketing agreements. Defended exemption rights and prosecuted bankruptcy appeals in coordination with appeals of state law claims and successfully negotiated clients’ settlements with bankruptcy trustee and pre-petition adversary.
  • Johnson. Represented individual simultaneously going through divorce and Chapter 11 proceedings, including appeals, relative to retaining and managing valuable real estate assets and Chapter 11 estate’s interest in spouse’s medical practice. Formulated Chapter 11 plan designed to preserve homestead rights, recover value of medical practice and balance client’s rights with obligations to creditors.
  • Schaffel, Schaffel Development Co. Represented developer of condominium projects who suffered reversals in 2007-09. Defended guarantee litigation in state court and negotiated discounted settlements of four loan guarantees originally totaling over $9 million.
  • Pickering. Defended and settled trustee’s lawsuit alleging preferential transfers to client.
  • Stern.Defended individual movie producer in Chapter 7 against trustee’s efforts to seize pension and retirement assets. Representation culminated in published opinion, Gill v. Stern (In re Stern), 345 F.3d 1036 (9th Cir. 2003).
  • California Psychiatric Management Services. Represented healthcare provider that owned specialized hospitals and leased care wings in general hospitals in provider’s Chapter 11 case and in connection with failure of National Century Financial, a major financier of healthcare installations that collapsed under allegations of fraud in 2003.
  • Cathy Lee Crosby. Represented Chapter 7 trustee of tennis personality. Negotiated exemption issues and supervised auction of unique personal effect.
  • Warwick. Represented entertainer in personal Chapter 11 case. Designed plan to resolve tax claims and issues surrounding valuable residential real estate in Beverly Hills, California.
  • Represented movie and television actor in Chapter 11 case designed to manage disputed personal obligations.